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I'm sorry honey. You cannot legally obtain a power of attorney for your father if he is incompetent, as a person must be of sound mind and mentally capable to execute a valid power of attorney document; if your father is deemed incompetent, you would need to pursue a guardianship or conservatorship through the court to manage his affairs.
Browneyesarebest79 · 41-45, F
A power of attorney has to be signed by the dad in a state that he is aware what a power of attorney does. If he is not competent, he cannot sign it as it will not be valid. She will likely have to get guardianship. Advise her to call local council on aging for advice.
Nebula · 41-45, F
@Browneyesarebest79 oh ok, I wasn't sure how it works, thank you.
samueltyler2 · 80-89, M
But he should have signed papers when he was competent. Now it will be complicated.
Nebula · 41-45, F
@samueltyler2 he has had mental issues his whole life
samueltyler2 · 80-89, M
@Nebula sorry about that. In the US he will need a court appointed POA now though.
smiler2012 · 56-60
@Nebula sorry i do not understand if your friends dad is not competent 🤷♂how is this so due too illness mental degeneration . would make you think the opposite was the case if her dad cannot make adecision on his affairs for whatever reason you friend and the family should be having a say in there fathers interest
Roundandroundwego · 61-69
No, he'd have to be able to agree. There's another term for people who lose their rights.
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Justafantasy · M
You have to get POA well they're still competent. Seems messed up because something simple can go badly
fun4us2b · M
That is very sad that the dad is so far gone, they can't verify he wants the daughter to handle his affairs. In 2010 my dad had a stroke and one thing stroke patients do is switch yes for no! So when signing the POA the attorney asked if he understood and he said no but meant yes!! 😂 It finally got settled....
cd4259 · 61-69, M
Sadly the person POA is taken out for must be competent to agree to it being signed.
Fieldmaster · 46-50, M
Oh boy, this might be a difficult case. State will take over in this case, I think.
Quimliqer · 70-79, M
Sure seems like a good time to step forward!!